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1 - 10 of 10 (0.25 seconds)Section 139 in The Negotiable Instruments Act, 1881 [Entire Act]
The Code of Criminal Procedure, 1973
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
The Negotiable Instruments Act, 1881
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Milind Shripad Chandurkar vs Kalim M.Khan & Anr on 3 March, 2011
Relying upon Milind Shripad Chandurkar vs. Kalim M.
Khan12 and Ashwani Kumar (supra), the learned counsel further submitted
that the respondent failed to prove his alleged status of being the sole
proprietor of M/s. Farhan Empexo Export and Import Co. and no
documentary proof was ever adduced. The same goes to the root of
maintainability of the Complaint before the learned Trial Court.
Rajesh Jain vs Ajay Singh on 9 October, 2023
14. As such, the presumption under Section 118(a) and Section 139 of
the N.I. Act was attracted and the burden lay upon the petitioner to rebut
the above presumption by raising a probable defence either by leading
direct evidence or by pointing out serious contradictions or improbabilities
in the respondent's case, as held by the Apex Court in Rajesh Jain vs. Ajay
Singh13 which is as under:-
Rangappa vs Sri Mohan on 7 May, 2010
In view thereof, since, admittedly, the signature affixed on the
Cheque involved [Ex. CWI/B] was of the petitioner, as held by the Hon'ble
Supreme Court in judgment Rangappa vs. Sri Mohan,14 it was ipso facto
sufficient to presume the existence of a 'legally enforceable debt', for
which the onus was upon the petitioner herein to rebut it. Since,
undisputedly the petitioner refused to lead any evidence before the learned
Trial Court, his defence was based on his statement under Section 313 of
the Cr.P.C., which discloses that he was unable to establish his case beyond
reasonable doubt.
Ashwani Kumar & Ors. vs . Raj Kumar & Ors. on 17 August, 2023
9. Mr. Piyush Pahuja, learned counsel then submitted that since the
MoU [Ex.CW-1/A] was executed in the year 2009 and the alleged
construction was also completed in the year 2009-2010, the liability arising
therefrom was time barred. Reliance in this regard was placed on Ashwani
Kumar vs. Raj Kumar10 and Social Leasing India Ltd. vs. Rajan Kumar
Kanthwal11.
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